Impact of the Notary Office in Ho Chi Minh City on Socio-Economic Development

Pham Hong Dung

Graduate student, National Academy of Public Administration, Vietnam

ABSTRACT: This study was conducted using the document analysis method to determine the impact of Notary Activities on socio-economic development in Ho Chi Minh City. Research results show that Notarization activities have had a significant positive effect on both of these aspects. The story of the notary industry in the city has followed the direction of professionalization and socialization, bringing many essential benefits to the community. Notary offices have been strengthened and ensured sustainable and stable development, thereby contributing to improving the legal system and transaction processes in Ho Chi Minh City. This has created favorable conditions for economic growth, promoted trade activities, and ensured transparency and fairness in transactions. This is an essential step in understanding the impact of professional services industries on a developing region and could have broad applications in policy formulation and socio-economic development—associations in other localities.

KEYWORDS: Notary activities; Notary office; Economic development; Social Development; Professionalisation; Socialize

INTRODUCTION

Notary activities also play an essential role in implementing legal regulations, especially in inheritance, ownership, and financial transactions. This has great significance for protecting the rights and interests of relevant parties. In addition, notary activities also help create transparency and fairness in dealings, helping to ensure the accuracy of information provided in notarized documents (Tran Quoc Toan, 2016).

In Ho Chi Minh City, notary activities are performed by state-licensed notary units and private notary units. Notary activities involve notarizing documents, assets, and other legal procedures, so many legal regulations are related to this activity. Notary agencies must clearly understand and fully implement these legal regulations, which requires them to have in-depth legal knowledge. Notary agencies must ensure the validity of the documents and assets they notarize (Tran Viet Dung, 2022). This requires them to have knowledge of records and support and to evaluate their reality based on legal regulations. Notary units must ensure transparency and honesty in their operations. They must ensure that the information provided to customers is accurate, complete, and not hidden or distorted. Inspection and supervision of notary activities are essential to ensure the accuracy and legality of this activity. However, this requires coordination between many units, including authorities and notary units, to ensure that notary activities are carried out legally and transparently (Vu Thi Anh Nguyet, 2020).

The complete, accurate, and lawful implementation of notary activities will help ensure the rights and obligations of the parties involved in the transaction. In Ho Chi Minh City, notary activities are very developed and diverse, from notarizing personal documents and assets to notarizing economic contracts. Notarization is confirming the legality of documents, legal acts, and events according to the provisions of law. Legal requirements on notarization include Law on Notarization 2014, regulating principles, conditions, order, and procedures for notarization; rights and obligations of notaries, notary practice organizations, and socio-professional organizations of notaries; State management agency in charge of notarization; Liability to compensate for damages in notary activities (Vu Thi Anh Nguyet, 2020).

Decree No. 29/2015/ND-CP dated March 15, 2015, of the Government detailing and guiding the implementation of several articles of the Notary Law, including regulations on the appointment of notaries and registration of notary practice; Notary professional training; notary training course; Annual notary professional training; organization and notary activities; some forms in notary activities. Circular No. 01/2021/TT-BTP, dated February 3, 2021, of the Ministry of Justice, details several articles and measures to implement the Notary Law, including regulations on the appointment of notaries and registration notary practice; Notary professional training; notary training course; Annual notary professional training; organization and notary activities; Some forms in notary activities (Vu Thi Anh Nguyet, 2020).

However, implementing the law in notary activities is not always guaranteed. Common problems such as lack of control, supervision, legal information, lack of professionalism of notary staff, etc., affect the quality and effectiveness of notary activities. Therefore, research on solutions to improve the efficiency of law enforcement in notary activities in Ho Chi Minh City is necessary to ensure the accuracy, transparency, and safety of transactions. It was notarized in this area.

Impact of notary office operations in Ho Chi Minh City on socio-economic development

Notary activities have a positive impact on the economy and society

After more than five years of implementing the Notary Law, notary activities in the City have achieved encouraging results. Notary activities have fulfilled their role in ensuring legal safety for transactions, protecting individuals’ and organizations’ legitimate rights and interests, preventing law violations, and ensuring order (Tran Trung Kien, 2017). Self, social security. It cannot be denied that notarization is an effective preventive “shield,” ensuring legal safety for contracts and transactions, saving time and costs for society, and minimizing work for the Court in resolving issues. Resolve civil disputes.

It cannot be denied that notarization plays an effective preventive “shield” in the City’s economic and social activities. By notarizing essential documents, contracts, and papers, people and businesses receive a solid guarantee about the legality of their transactions. This helps prevent future risks and legal disputes, creating a stable and favorable business environment for the City’s development.

In addition, notary activities also contribute positively to minimizing the burden on the Court in resolving civil disputes. When transactions and contracts have been notarized accurately and clearly, people and businesses can be more confident in resolving legal issues and conflicts at the local level (Tran Trung Kien, 2017). This helps reduce the load on the judicial system and ensures the dispute resolution process takes place more quickly and effectively, helping to increase fairness and transparency in the legal system.

Another strong point of notary activities in Ho Chi Minh City is saving time and costs for society. When people and businesses use notary services, they do not need to participate in the process of wasting time and money researching, searching for legal information, or preparing complicated documents. Instead, they can quickly go to notary offices to get advice and support with the necessary procedures rapidly and accurately.

However, it is essential to continue to improve the quality of notary services and strengthen supervision to ensure full compliance with legal regulations. Authorities must ensure that notaries are professionally trained and have the necessary knowledge and skills to perform their jobs accurately and reliably (Tran Trung Kien, 2017). At the same time, it is essential to establish periodic monitoring and inspection mechanisms to ensure that notary offices comply with legal regulations and standards for their operations.

Notary operations in Ho Chi Minh City have demonstrated success and the ability to create significant benefits for the community. From ensuring legal security for transactions and protecting the legitimate rights and interests of individuals and organizations to preventing law violations and reducing the load on the judicial system, notary activities have contributed to building a fair, transparent, and developed society (Tran Trung Kien, 2017). It is essential to continue improving the quality of notary services and maintaining strict compliance with legal regulations to continue promoting the City’s sustainable development.

Notary activities continue to develop in the direction of professionalization and socialization.

Notarial operations have continued their progression along the trajectory of professionalization and socialization, with a pronounced emphasis on placing citizens at the epicenter of service provision. The establishment, consolidation, and progressive expansion of notary offices have played a pivotal role in alleviating the administrative burdens borne by state agencies. The transformation of Notary Offices into financially autonomous entities has also yielded consequential advantages by alleviating the strain on public payrolls and government fiscal resources. This, in turn, has contributed significantly to the successful realization of the overarching objective of socializing notarial activities, in alignment with the visionary spirit articulated in Resolution No. 49/NQ-TW of the Politburo concerning the Judicial Reform Strategy up to 2020 and the provisions stipulated in the 2014 Notary Law (Pham Thi Mai Tran, 2021).

The professionalization of notary activities ensures that notary offices operate according to standard procedures and by the law. Notary staff are professionally trained, have in-depth knowledge of the notary field, and are constantly updated with the latest legal changes (Tran Trung Kien, 2017). This helps ensure that transactions and contracts are notarized accurately and clearly, creating trust and peace of mind for service users.

Socializing notary activities means putting people and businesses at the center of the notary process. Notary offices focus on providing the best service and dedicated advice to customers. This improves service user satisfaction and creates direct benefits for the community.

Established and strengthened notary offices help increase operational efficiency and access to notary services for people. Expanding and diversifying the Notary Office network allows people to access services more efficiently and conveniently (Tran Trung Kien, 2017). At the same time, investing in facilities, technology, and staff training for Notary Offices helps improve service quality and better meet the diverse needs of customers.

Notary Offices being converted into Notary Offices or converted to financial autonomy helps reduce the burden on payroll and the state budget. Thanks to financial independence, Notary Offices can self-manage and optimize resources, improving operational efficiency and minimizing costs depending on the state budget. This helps reduce pressure on the public budget and focus resources on other vital areas in building and developing the country.

Notary activities in Ho Chi Minh City are achieving significant achievements in professionalization, socialization, and creating benefits for people. Thanks to transformation and innovation, Notary Offices have become more efficient, more accessible, and better responsive to the community’s diverse needs (Tran Trung Kien, 2017). Reducing pressure on payroll and the state budget also helps orient the development of notary activities in the spirit of judicial reform and social development policies. This goes hand in hand with building a sustainable and pro-notary community, contributing to the country’s strong development.

Notary offices are consolidated, ensuring sustainable and stable development

Ho Chi Minh City is the locality with the most notary organizations in the country. Ho Chi Minh City has implemented many solutions to consolidate and ensure sustainable and stable development of notary practice organizations, such as completing the master plan for developing notary practice organizations; Strengthen inspection, examination, and handling of violations; improving the capacity and awareness of notaries (Nguyen Thu Huong, 2018); Build a communication and exchange system between notary practice organizations; Strengthen propaganda and legal education for notarization requesters. Therefore, notary offices are strengthened, ensuring sustainable and stable development (Thanh, Thuy, Hoa, & Thien, 2022).

The establishment of Notary Offices is carried out methodically. All Notary Offices are established and operate in partnership, thereby contributing to ensuring the stable and sustainable development of notary activities and the legal rights and interests of the public—the person requesting notarization (Nguyen Thu Huong, 2018).

Ho Chi Minh City is the locality with the most notary organizations in the country. The vigorous development of these organizations comes from the high demand for notary services in this bustling urban area and thanks to the proactive and practical solutions that the city has implemented to strengthen, consolidate, and ensure sustainable and stable development of notary practice organizations (Pham Thi Mai Tran, 2021; Thu, Thi, & Nghi, 2023).

Ho Chi Minh City has proposed many essential solutions to ensure that notary activities take place smoothly and reliably (Nguyen Thu Huong, 2018). One of the notable solutions is to complete the master plan for developing notary practice organizations. By clearly defining the number and location of operations of Notary Offices, the city helps create a healthy competitive environment and prevent excessive concentration, thereby ensuring balanced and sustainable development—sustainability of the notary industry (Nguyen Thu Huong, 2018).

In addition, strengthening inspection, examination, and handling of violations also contributes to ensuring transparency and compliance with legal regulations in the operations of Notary Offices. Notary organizations that do not comply with the process or violate rules will be held responsible before the law, ensuring the fairness and reliability of notary services (Tuoi & Thanh, 2023).

To improve the capacity and awareness of notaries, the city has focused on training and evaluating the quality of notary staff. Training and retraining programs meet practical needs and converge the latest legal knowledge to help improve service quality and professionalism in notary work (Nguyen Thu Huong, 2018).

Building a communication and exchange system between notary practice organizations also contributes to creating understanding and supporting interaction between units. Sharing information, experience, and working methods between Notary Offices effectively helps improve service quality and optimize operations (Nguyen Thu Huong, 2018).

Finally, establishing Notary Offices through partnerships helps ensure stability and sustainability for notary activities. This means that organizations can self-manage and have secure finances without overly dependent on the state budget. Clear financial and management regulations help ensure notarization activities occur effectively and sustainably (Thanh, Thuy, Hoa, & Thien, 2022).

Ho Chi Minh City has achieved significant achievements in consolidating and ensuring sustainable and stable development of notary organizations. By implementing many proactive and practical solutions, the city has promoted balanced, professional, and reputable development in the notary field, thereby significantly contributing to ensuring legal rights and interests of people.

Perfecting the system of social and professional organizations of notaries

The establishment of the Vietnam Notary Association, coupled with the presence of 59 local Notary Associations, marks a pivotal milestone in the evolution of the organizational landscape within the domain of notarial services. This comprehensive network of professional associations operates harmoniously from the central governing body down to the grassroots level, creating a layered and interconnected framework that aims to enhance the overall efficiency and effectiveness of notary services (Tran Trung Kien, 2017).

The primary objective behind the establishment of these associations is to cultivate a robust and self-regulating ecosystem within the notarial profession. This is achieved through the delegation of responsibilities and the distribution of authority across various levels of governance. By doing so, these associations are empowered to take on a more proactive role in the management of their respective affairs, thus promoting a sense of autonomy and self-determination among their members (Nguyen Thu Huong, 2018).

In addition to the internal self-regulation and governance functions, these associations also serve as vital conduits for communication and collaboration with governmental bodies responsible for the oversight and regulation of notarial activities. They facilitate the exchange of knowledge, best practices, and professional insights, which is pivotal in ensuring that the notarial field remains aligned with the broader legal and regulatory framework of the nation.

Furthermore, these associations play an instrumental role in providing career guidance and support to notaries, both established professionals and those just starting their careers. This support system fosters a sense of camaraderie and mutual assistance within the notarial community, enhancing the overall competence and proficiency of notaries nationwide (Nguyen Thu Huong, 2018).

Importantly, this collaborative and synergistic approach has garnered international recognition and acclaim, as the image of Vietnamese Notaries has transcended national borders. The high regard and respect accorded to Vietnamese notaries by their international counterparts underscore the success and effectiveness of the legislative measures that led to the formation of these notarial associations (Pham Thi Mai Tran, 2021).

The establishment of the Vietnam Notary Association and the extensive network of local Notary Associations exemplify a proactive and visionary approach to notarial governance (Ninh Van Chinh, 2009). By fostering a sense of autonomy, promoting collaboration, and enhancing the professionalism of notaries, these associations have significantly contributed to the evolution and success of the notarial profession in Vietnam.

The 2014 Notary Law has yielded a plethora of outcomes through its persistent commitment to advancing the process of notarial activities’ socialization. The Notary Law has unequivocally sprung into action and garnered widespread approval and endorsement from the populace (Pham Thi Mai Tran, 2021). The demands for notarization services, both from individuals and entities, have seen a marked upswing, concurrently enhancing public contentment and convenience in notarization procedures. Notably, the reputation of Vietnamese Notaries has transcended national borders, gaining international recognition and profound acclaim. This, in essence, serves as a quantitative metric to gauge the efficaciousness and triumph of the aforementioned legislative measure (Tran Trung Kien, 2017).

Establishing the Vietnam Notary Association and 59 local Notary Associations has contributed to perfecting the system of social and professional organizations of notaries at both the central and local levels. Thanks to the close organization and professional support from Associations and Associations, notaries have enhanced their role in professional self-management, sharing experiences and supporting each other in their work while improving their cooperation—liaison with state management agencies (Luan & Thanh, 2022).

The 2014 Notary Law, with the policy of continuing to promote the socialization of notary activities, has achieved many positive results. The Notary Law has indeed entered people’s lives and has been approved and positively received by the people. The popularity and effectiveness of the Law have increased the notarization requirements of individuals and organizations. People have realized the usefulness and convenience of notary services in legal transactions and contracts, creating satisfaction and trust in notary activities (Nguyen Thu Huong, 2018).

The image of Vietnamese Notaries has become increasingly known and appreciated internationally, especially by the International Union of Lawyers (UINL). This is proof of the success of the Notary Law 2014 and the development of the prestige and quality of notary activities in Vietnam. UINL has recognized and appreciated how Vietnam promotes the socialization of notary activities and ensures fairness and transparency in notary services (Nguyen Thu Huong, 2018).

The success of the Notary Law is not only reflected in strengthening the role and reputation of notaries. Still, there is also clear evidence of development and improvement in the quality of notary activities in Vietnam. The popularity and reliability of notary services have contributed significantly to the prosperity and development of the economy and society, thereby creating favorable conditions for the country’s sustainable development (Luan & Thanh, 2022).

Establishing the Vietnam Notary Association and local Notary Associations, along with the effective implementation of the 2014 Notary Law, has brought significant achievements to notary activities in Vietnam. Strict organization, improved reputation, service quality, and meeting the people’s and the world’s trust and satisfaction are a measure of the success of Law and notary activities in Vietnam over the years (Ninh Van Chinh, 2009).

CONCLUSION

The current status of implementing the law on notarization at notary offices in Ho Chi Minh City is reflected in the fact that most notary offices comply with and enforce the provisions of the law related to their activities (Tran Trung Kien, 2017). Of notary experts; Implement regulations on notary practice organization; and comply and implement rules on notary procedures. Furthermore, the results achieved in enforcing the law on notarization through the activities of notary offices in Ho Chi Minh City include the positive influence of notary activities on the economic aspect. – society; the continuous progress of notary activities in professionalization and socialization; strengthening and ensuring the sustainability and stability of the system of notary offices; and perfecting the social-professional organization system of experts in this field (Chien & Thanh, 2022).

The reasons for these achievements are analyzed, including the increasing improvement of regimes and policies related to the notary field; Notarization demand increases compared to other regions; widespread development of notary office infrastructure; the presence of many training and fostering facilities for notary professions; as well as the general application of information technology in notary activities (Tran Trung Kien, 2017).

Despite these achievements, however, difficulties still exist in implementing the law on notarization in Ho Chi Minh City. These difficulties include an incomplete planning system, more risk than other areas, customer challenges, and technical problems (Ninh Van Chinh, 2009). Causes contributing to these difficulties include institutional shortcomings, issues regarding the notaries’ activities, and limitations in administrative capabilities.

As for the proposals and recommendations, the National Assembly and the Government will focus on implementing legal and policy reforms to create a favorable environment for implementing notarization laws. For Ho Chi Minh City, the proposals will aim to optimize the structure of notary offices and build an effective management system to ensure legal compliance (Tran Trung Kien, 2017). Solutions applied at notary offices in Ho Chi Minh City will address strict implementation of legal regulations on notarization, improving professional capacity and communication skills with customers. Customers, and establish good relationships with local government agencies and related organizations.

The project implementation roadmap will be divided into two phases. The short-term phase will focus on implementing urgent measures, solving critical problems, and building the foundation for the long-term phase (Ninh Van Chinh, 2009) . The long-term phase will focus on promoting profound reforms and building a solid foundation for the notary sector while optimizing the effectiveness of proposed solutions (Vu Thi Anh Nguyet, 2020) . Notary offices should use technology to improve the notarization process and create convenience for customers, in which technology can help track and manage records and transactions more effectively.

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